Contract Claims & Disputes

Contract Claims and Dispute Resolution Representation

Our government contract attorneys represent clients around the world and domestically in claims, disputes, requests for equitable adjustment, contract terminations, and settlements. Our government contract claims and dispute practice is wide-ranging, client-centered, and result-oriented.

“Claim” means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or another routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

What is a request for equitable adjustment?

The Federal Acquisition Regulation does not define it. Generally, an equitable adjustment seeks to adjust the contract price or the delivery scheduled based upon a change to the contract. The requests may occur when there are increased direct costs of added work, work is deleted, or not performed, there are Government-caused delays or other changes to the contract.

What is a claim certification?

Contractors who file claims against the U.S. Government must properly certify them. If a claim is not certified, the contracting officer may deny it and the Armed Services Board of Contract Appeals may not have jurisdiction.

What is the difference between a claim and a request for equitable adjustment?

There are many important differences. The two most important differences are that a request for equitable adjustment is considered as a contractual remedy so the contractor may be entitled to reimbursement for some of the costs associated with its preparation. Claims are considered an actual dispute, and while contractors are not entitled to preparation costs, they may be entitled to interest on the final amount.

I incurred additional costs on my contract with the U.S. Government and I am not sure whether I should file a claim or request for equitable adjustment?

Resources

Contact a Centre attorney today:

Tyler Freiberger – tfreiberger@centrelawgroup.com
Associate Attorney
Tyler Freiberger is an associate attorney at Centre Law & Consulting primarily focusing on employment law and litigation. He has successfully litigated employment issues before the EEOC, MSPB, local counties human rights commissions, the United States D.C. District Court, Maryland District Court, and the Eastern District of Virginia.